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Maharaj v Minister of Safety and Security (11275/2012) [2017] ZAKZDHC 38

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Maharaj v Minister of Safety and Security (11275/2012) [2017] ZAKZDHC 38

Maharaj v Minister of Safety and Security (11275/2012) [2017] ZAKZDHC 38

11th October 2017

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The plaintiff is Ms Neelka Maharaj a widow born on 8 March 1974 and residing at the time of the incident in Clayfield, Phoenix, KwaZulu-Natal.

The defendant is the Minister of Police.

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The plaintiff sues the defendant for R2 167 869 in damages arising from her unlawful arrest, detention and sexual harassment whilst in police custody. Typically the defendant delivered a bare denial plea. In 2016 the defendant conceded the arrest and detention of the plaintiff but denied the sexual harassment.

Despite undertaking to amend its plea at the pre-trial conference the defendant failed to do so. The trial proceeded on the issue of liability only.

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